Ministry of Defense & Support for the Armed Forces of the Islamic Republic of Iran Ex Rel. Ministry of War of the Government of Iran v. Cubic Defense Systems, Inc. Ex Rel. Cubic International Sales Corp.
Opinion
Opinion
Brewster, J.
ORDER GRANTING PETITION TO CONFIRM FOREIGN ARBITRAL AWARD AND DENYING CROSS-MOTION TO VACATE THE MAY 5, 1997 ICC ARBITRATION AWARD
Petitioner, the Ministry of Defense and Support of the Armed Forces of the Islamic Republic of Iran (“Iran”), filed a petition on June 25, 1998 for an Order Confirming a Foreign Arbitral Award against Respondent, Cubic Defense Systems, Inc. (“Cubic”). Cubic filed a cross-motion on October 9, 1998 to Vacate the May 5, 1997 Court of Arbitration of the International Chamber of Commerce (“ICC”) Award (“Award”). Cubic contends that the ICC Award exceeds the scope of the terms of the submission to arbitration and ignores the terms of the Parties’ Contracts. Cubic also claims that it was not given a meaningful opportunity to present its case. The issue before this Court is whether Cubic’s claims preclude this Court from confirming the ICC Award.
I. FACTUAL AND PROCEDURAL BACKGROUND
A brief review of the events leading up to this dispute is in order. On October 23, 1977, the Parties entered into two written contracts for the sale (“Sales Contract”) and service (“Service Contract”) of an Air Combat Maneuvering Range for use by the Iranian Air Force. The…